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Architects (Amendment)

laws OF MALAYSIA
Act A1480
Architects (Amendment) Act 2015

Laws of Malaysia

Date of Royal Assent

Act A1480

...

...

12 February 2015

Date of publication in the


Gazette
... ...

...

24 February 2015

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Architects (Amendment)
laws of malaysia

Act A1480

Architects (Amendment) Act 2015

An Act to amend the Architects Act 1967.

ENACTED by the Parliament of Malaysia as follows:


Short title and commencement
1. (1) This Act may be cited as the Architects (Amendment)
Act 2015.
(2) Except for paragraphs 3(d) and (p) and section 23, this
Act comes into operation on a date to be appointed by the
Minister by notification in the Gazette and the Minister may
appoint different dates for the coming into operation of different
provisions of this Act.
(3) Paragraphs 3(d) and (p) and section 23 come into operation
on 1 June 2015.

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General amendment
2. The Architects Act 1967 [Act 117], which is referred to as
the principal Act in this Act, is amended by substituting for
the words Professional Architects, Professional Architect and
a Professional Architect wherever appearing, except in the definition
of Professional Architect in section 3, the words Architects,
Architect and an Architect respectively.
Amendment of section 2
3. Section 2 of the principal Act is amended

(a) by renumbering the existing section as subsection (1);

(b) by inserting after the definition of appointed date the


following definition:

Architect means a person registered under


subsection 10(2);;

(c) by inserting after the definition of architectural consultancy


services the following definition:

Architectural Technologist means a person


registered under section 27w;;

(d) by substituting for the definition of Building Draughtsman


the following definition:

Building Draughtsman means


(a) a Building Draughtsman who, on or before


1 June 2015, is registered with the Board,
or has been issued with a valid certificate of
registration as provided in section 22 which has
been deleted in subsection 23(1) of the Architects
(Amendment) Act 2015 [Act A1480]; or

(b) a Building Draughtsman who, on or before


31 December 2015, is registered or deemed
to be registered with the Board, or has been
issued with a valid certificate of registration
as provided in subsections 23(3) and (4) of the
Architects (Amendment) Act 2015;;

Architects (Amendment)

(e) by deleting the definition of firm or body corporate


practising as consulting Quantity Surveyors;

(f) by inserting after the definition of Building Draughtsman


the following definition:

foreign architect means an architect who is not


a citizen or permanent resident of Malaysia registered
under section 10a;;

(g) by inserting after the definition of Graduate Architect


the following definitions:

Graduate Interior Designer means a person


registered under subsection 27d(1);
Inspector of Works means a person registered
under section 27m;;

(h) by deleting the definition of Institut Pereka Bentuk


Dalaman Malaysia;

(i) by inserting after the definition of Interior Designer


the following definitions:

interior design consultancy practice means


a sole proprietorship, partnership or body corporate
incorporated under the Companies Act 1965 [Act 125],
providing interior design consultancy services and is
registered by the Board under section 27e;
interior design consultancy services in relation to
interior design works means those services provided
in paragraph 27e(1)(b);;

(j) by inserting after the definition of interior design


consultancy services the following definition:

Malaysian Institute of Interior Designers includes


any institute, body or society succeeding it and approved
by the Minister;;

(k) by deleting the definition of Malaysian Society of Interior


Designers;

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Act A1480

(l) by deleting the definition of Professional Architect;

(m) by deleting the definition of Professional Engineer;

(n) by deleting the definition of Register;

(o) by deleting the definition of registered Quantity


Surveyor; and

(p) by inserting after subsection (1) as renumbered the


following subsection:

(2) For the avoidance of doubt, the definition


of Building Draughtsman shall be read together
with section 23 of the Architects (Amendment)
Act 2015..
Amendment of section 3
4. Subsection 3(2) of the principal Act is amended

(a) in paragraph (d), by substituting for the word eight the


word ten;

(b) by deleting the word and at the end of paragraph (g);

(c) by substituting for the full stop at the end of paragraph


(h) a semicolon; and

(d) by inserting after paragraph (h) the following


paragraphs:

(i) one member appointed from among Inspectors of


Works with at least five years of relevant working
experience; and

(j) one member appointed from among Architectural


Technologists with at least five years of relevant
working experience..

Architects (Amendment)

Amendment of section 4
5. Section 4 of the principal Act is amended in subsection (1)

(a) by substituting for paragraph (a) the following


paragraph:

(a) to keep and maintain a Register of Architects,


Graduate Architects, foreign architects and
architectural consultancy practices, a Register
of Building Draughtsmen, a Register of
Interior Designers containing particulars of
Interior Designers, Graduate Interior Designers
and interior design consultancy practices,
a Register of Inspectors of Works and a Register
of Architectural Technologists;;

(b) by deleting paragraph (aa);

(c) in paragraph (c), by inserting after the word Registers


the words specified in paragraph (a);

(d) in paragraph (d), by substituting for the words


and Building Draughtsmen for architectural consultancy
services rendered the words , Interior Designers,
interior design consultancy practices and Building
Draughtsmen;

(e) by deleting paragraph (dd);

(f) in paragraph (e), by substituting for the words and Building


Draughtsmen the words , Building Draughtsmen, foreign
architects, Graduate Interior Designers, Inspectors of
Works and Architectural Technologists;

(g) in paragraph (f), by substituting for the words and Building


Draughtsmen the words , Building Draughtsmen,
foreign architects, Graduate Interior Designers, Inspectors
of Works, Architectural Technologists, architectural
consultancy practices and interior design consultancy
practices;

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(h) in paragraph (j)

(i) by substituting for the words and Building


Draughtsmen the words , Building Draughtsmen,
foreign architects, Graduate Interior Designers,
Inspectors of Works and Architectural Technologists;
and

(ii) by deleting the word and at the end of that


paragraph; and

(i) by inserting after paragraph (j) the following


paragraph:

(ja) to conduct activities for the promotion of the


profession of Architects, Graduate Architects,
Building Draughtsmen, Interior Designers,
Graduate Interior Designers, Inspectors of Works
and Architectural Technologists; and.

Amendment of section 5
6. Section 5 of the principal Act is amended

(a) in the shoulder note, by inserting after the word Register


the words of Architects, etc.;

(b) by inserting after the words Graduate Architects the


words , foreign architects;

(c) by substituting for the word three the word four;

(d) by deleting the word and at the end of paragraph (b);

(e) by substituting for the full stop at the end of paragraph (c)
the words ; and; and

(f) by inserting after paragraph (c) the following


paragraph:

(d) Section Dwhich shall contain the names, addresses


and other particulars of foreign architects..

Architects (Amendment)

Amendment of section 6
7. Section 6 of the principal Act is amended

(a) in subsection (1), by substituting for the word Register


the words Registers specified in paragraph 4(1)(a);

(b) in subsection (2)

(i) by deleting the words at least one;

(ii) by deleting the word or at the end of subparagraph


(b)(ii);

(iii) by deleting the word or at the end of subparagraph


(c)(ii); and

(iv) by inserting after paragraph (d) the following


paragraphs:

(e) an interior design consultancy practice whose


registration has been

(i) by an order of the Disciplinary


Committee cancelled under
section 34a or paragraph 27e(5)(dd);
or

(ii) reinstated under section 27 i or


subsection 27e(8);

(f) an Inspector of Works whose registration


has been

(i) by an order of the Disciplinary


Committee cancelled under
section 34a or paragraph 27p(2)(d);
or

(ii) reinstated under section 27r; and

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(g) an Architectural Technologist whose


registration has been

(i) by an order of the Disciplinary


Committee cancelled under section 34a
or paragraph 27y(2)(d); or

(ii) reinstated under section 27za.;


(c) by substituting for subsection (3) the following
subsection:

(3) In any proceedings, a certificate of registration


issued by the Board shall be conclusive proof that
the person, sole proprietorship, partnership or body
corporate named in the certificate of registration

(a) in the case of the person, the person is an


Architect, a Graduate Architect, a foreign
architect, a Building Draughtsman, an Inspector
of Works, an Architectural Technologist, an
Interior Designer, or a Graduate Interior
Designer;

(b) in the case of the sole proprietorship, the sole


proprietor is an Architect, an Interior Designer,
an architectural consultancy practice rendering
architectural consultancy services, or an
interior design consultancy practice rendering
interior design consultancy services;

(c) in the case of the partnership

(i) the partners are Architects or Interior


Designers; or

(ii) it is an architectural consultancy


practice rendering architectural
consultancy services, or an interior
design consultancy practice rendering
interior design consultancy services;
and

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11

(d) in the case of the body corporate, it

(i) has a board of directors comprising


persons who are Architects or Interior
Designers;

(ii) is an architectural consultancy practice


rendering architectural consultancy
services, or an interior design
consultancy practice rendering interior
design consultancy services; or

(iii) has shares held by members of the


board of directors mentioned in
subparagraph (i) solely or with

(a) any other persons who are


Architects or Interior Designers;
or

(b) an architectural consultancy


practice rendering architectural
consultancy services, or an
interior design consultancy
practice rendering interior
design consultancy services.;
and

(d) in subsection (4), by substituting for the word Register


the words Registers specified in paragraph 4(1)(a).

Amendment of section 7
8. Section 7 of the principal Act is amended

(a) in the shoulder note, by deleting the words and Graduate


Architects;
(b) by renumbering subsection (1) as section 7;

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(c) by substituting for paragraph (a) the following


paragraph:

(a) be entitled to set up an architectural consultancy


practice to render architectural consultancy
services subject to section 7a;;

(d) in paragraph (ba), by deleting the words and/or the


abbreviation P.Arch. after his name or in association
with his name; and

(e) by deleting subsection (2).

Amendment of section 7a
9. Section 7a of the principal Act is amended

(a) by substituting for subsection (1) the following


subsection:

(1) An Architect shall not, unless registered as a sole


proprietorship, a partnership or a body corporate and
has been issued with a certificate of registration

(a) be entitled to set up an architectural consultancy


practice to render architectural consultancy
services; and

(b) recover in any court any fee, charge,


remuneration or other form of consideration
for architectural consultancy services rendered
as an architectural consultancy practice.;

(b) in subsection (3)


(i) by substituting for paragraph (c) the following
paragraph:
(c) in the case of the body corporate
(i) it has a board of directors as may
be prescribed by the Board;

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(ii) it has shareholdings as may be


prescribed by the Board;

(iii) it has a minimum paid-up capital


which shall be an amount as
may be prescribed by the Board;
and

(iv) the day-to-day affairs of the body


corporate shall be under the control
and management of a person
who

(a) is an Architect; and

(b) i s a u t h o r i z e d u n d e r
a resolution of the board
of directors of the body
corporate to make all final
architectural decisions
on behalf of the body
corporate in respect of the
requirements under this
Act or any other law
relating to the supply of
architectural consultancy
services by the body
corporate.;

(c) in subsection (4), by inserting after the words the change


the words and obtain the Boards approval on the
latest composition or type of architectural consultancy
practice;

(d) in subsection (5)

(i) by inserting the word or at the end of


paragraph (a);
(ii) by deleting paragraphs (b) and (c);

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(iii) in paragraph (d)

(a) in subparagraph (i), by substituting for the


words 15a(2)(l) the words 15a(2)(a) to
(l) or (o) to (p); and

(b) in subparagraph (ii), by deleting the words


or paragraphs 15a(2)(a) to (k) or (o) to
(p),; and

(iv) in paragraph (bb), by substituting for the word


fifty the words one hundred;

(e) in subsection (6)

(i) in paragraph (a), by deleting the words , (b) or


(c),; and

(ii) in paragraph (aa), by substituting for the words


(5)(aa) to (ee) the words (5)(cc) or (dd), as
the case may be; and

(f) by inserting after subsection (9) the following


subsection:

(10) This section shall not apply to an Architect


who submits a plan for a building wholly owned by
the Architect..
Amendment of section 7b
10. Section 7b of the principal Act is amended





(a) in the shoulder note


(i) by inserting after the word providing the words
a combination of services comprising; and
(ii) by deleting the words and/;
(b) in subsection (1)
(i) by inserting after the words a practice of providing
the words a combination of services comprising;
and
(ii) by deleting the words and/;

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(c) in subsection (2)


(i) in paragraph (a), by substituting for the words
and/or registered the words with Practising
Certificates or Consultant;
(ii) in paragraph (b)

(a) by deleting the words and/;

(b) in subparagraph (i)

(aa) by substituting for the words


, registered the words
with Practising Certificates,
Consultant;

(ab) by deleting the words and/


wherever appearing; and

(ac) by substituting for the words


consulting Quantity Surveyors
the words Consulting Quantity
Surveying Practice;

(d) in subsection (3)

(a) in paragraph (a), by deleting the words and/;


and

(b) in paragraph (b)

(i) by substituting for the words , registered


the words with Practising Certificate,
Consultant; and

(ii) by substituting for the words consulting


Quantity Surveyors the words Consulting
Quantity Surveying Practice;

(e) by deleting subsection (4); and

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(f) by inserting after subsection (4) the following


subsection:
(5) In this section

(a) Consultant Quantity Surveyor and Consulting


Quantity Surveying Practice have the same
meaning assigned to it in the Quantity Surveyors
Act 1967 [Act 487]; and

(b) Professional Engineer with Practising


Certificate has the same meaning assigned to
it in the Registration of Engineers Act 1967
[Act 138]..

Amendment of section 8
11. Section 8 of the principal Act is amended

(a) by substituting for subsection (1) the following


subsection:

(1) Subject to sections 7a and 7b, only an Architect


or a foreign architect who is residing in Malaysia for
not less than one hundred and eighty days in any
one calendar year shall be entitled to submit plans
or drawings to any person or authority in Malaysia.;
and

(b) in subsection (2), by inserting after the word Architect


the words , foreign architect.

Deletion of section 9
12. The principal Act is amended by deleting section 9.
Amendment of section 10
13. Section 10 of the principal Act is amended

(a) in the shoulder note, by inserting after the word


registration the words of Architects, etc.;

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(b) in paragraph (1)(b), by deleting the words as may


be prescribed by the Board;

(c) in paragraph (2)(a), by substituting for subparagraphs (i),


(ii) and (iii) the following subparagraphs:

(i) is a Graduate Architect who has obtained


the practical experience and passed the
examinations as may be determined by the Board
under paragraph (1)(b); or

(ii) is a Corporate Member of the Pertubuhan Arkitek


Malaysia.;

(d) in subsection (2 a ), by inserting after the words


paragraph (2)(a) the words and any other requirements
as may be determined by the Board; and

(e) in subsection (3), by substituting for the words only


a citizen or a permanent resident of Malaysia the words
any person.

Amendment of section 10a


14. Section 10a of the principal Act is amended


(a) by substituting for the shoulder note the following shoulder


note:
Registration of foreign architects;
(b) by substituting for subsection (1) the following
subsection:

(1) Subject to this section and such conditions as


the Board may think fit to impose, the Board may,
upon payment of the prescribed fee, approve the
registration as an Architect of any foreign architect
who is a consultant to a project, wholly financed by
a foreign government or implemented under any form
of arrangement with the Government of Malaysia.;

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(c) in subsection (2)


(i) by deleting the word temporary; and

(ii) in paragraph (a), by substituting for the words


the country where he normally practises the
words his country of origin;

(d) by substituting for subsection (3) the following


subsection:

(3) The Board may approve the registration of


a foreign architect for a period not exceeding one
calendar year and may renew such registration as it
deems fit.;

(e) in subsection (4), by deleting the word temporary;

(f) in subsection (6), by deleting the word temporary; and

(g) by deleting subsection (7).

Amendment of section 12
15. Section 12 of the principal Act is amended

(a) in the shoulder note, by inserting after the word


registration the words of Architects, etc.; and

(b) by inserting after the word registration the words


of Architects, Graduate Architects, foreign architects
and architectural consultancy practice.

Amendment of section 13
16. Section 13 of the principal Act is amended

(a) in the shoulder note, by inserting after the word


registration the words of Architects, etc.; and

(b) in subsection (1), by inserting after the words application


for registration the words under section 12.

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Amendment of section 14
17. Section 14 of the principal Act is amended

(a) in the shoulder note, by inserting after the word address


the words of Architects, etc.; and

(b) by inserting after the words Graduate Architect the


words , foreign architect.

Amendment of section 15a


18. Section 15a of the principal Act is amended

(a) by substituting for subsection (1) the following


subsection:

(1) The Board shall appoint


(a) not more than three members of the Board


to investigate any misconduct or complaint
made against any Architect, Graduate
Architect, foreign architect or architectural
consultancy practice; and

(b) a Disciplinary Committee comprising not


more than five members of the Board, not
being the members of the Board appointed
under paragraph (a), to conduct a hearing
of any misconduct or complaint referred
to the Disciplinary Committee by the
members of the Board appointed under
paragraph (a).;

(b) in subsection (2)

(i) by substituting for the word fifty the words one


hundred;

(ii) by substituting for the words two years the words


three years; and

(iii) by substituting for the words or Graduate


Architect, the words , Graduate Architect or
foreign architect;

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(c) in subsection (3)

(i) by substituting for the words , or (n) to (p) the


words or paragraph (2)(p); and

(ii) by substituting for the words or Graduate


Architect the words , Graduate Architect or
foreign architect;

(d) in subsection (4)

(i) by substituting for the word member the word


members; and

(ii) in paragraph (a), by substituting for the words


that member the words those members of the
Board; and

(e) in subsections (5) and (6), by substituting for the word


member the word members.

Amendment of section 16
19. Section 16 of the principal Act is amended

(a) in the shoulder note, by inserting after the word Register


the words of Architects, etc.;

(b) in paragraph (a), by substituting for the words or Graduate


Architect the words , Graduate Architect or foreign
architect;

(c) in paragraph (b), by inserting after the words Graduate


Architect the words , foreign architect;

(d) in paragraph (c), by substituting for the words or Graduate


Architect the words , Graduate Architect or foreign
architect; and

(e) in paragraph (d), by inserting after the words Graduate


Architect the words , foreign architect.

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Amendment of section 17
20. Section 17 of the principal Act is amended

(a) in the shoulder note, by inserting after the word


Reinstatement the words into Register of Architects,
etc.;

(b) by inserting after the words Graduate Architect wherever


appearing the words , foreign architect; and

(c) by inserting after the word Register wherever


appearing the words of Architects, Graduate Architects,
foreign architects and architectural consultancy
practices.

Amendment of section 18
21. Section 18 of the principal Act is amended

(a) in the shoulder note, by inserting after the word Certificates


the words of registration of Architects, etc.;

(b) by inserting after the words Graduate Architect the


words , foreign architect; and

(c) by inserting after the word Register the words of


Architects, Graduate Architects, foreign Architects and
architectural consultancy practices.

Amendment of section 21
22. Section 21 of the principal Act is amended by inserting after
the word Register the words of Building Draughtsmen.
Deletion of section 22
23. (1) The principal Act is amended by deleting section 22.

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(2) Subject to subsection (4), where on 1 June 2015


(a) a Building Draughtsman is registered under the principal


Act but has yet to be issued with a certificate of
registration, subsection 22(3) of the principal Act shall
apply to him;

(b) a Building Draughtsman is registered and has been


issued with a certificate of registration under the
principal Act, he shall continue to practise until the
expiry of his certificate of registration which on
application may be renewed annually for a period of
one year upon payment of the prescribed fee and upon
satisfying such conditions as may be determined by the
Board; and

(c) there is any pending application for registration of


a Building Draughtsman, such application shall be treated
under section 22 of the principal Act.

(3) Where there is no decision on an application by any


person for registration of a Building Draughtsman under
paragraph (2)(c) on or before 31 December 2015, such person
shall be deemed to have been registered as a Building
Draughtsman.
(4) For the purposes of subsections (2) and (3), it
shall be treated as if section 22 of the principal Act is not
deleted.
(5) The provisions of the principal Act applicable to a Building
Draughtsman shall apply to a Building Draughtsman mentioned
in paragraphs (2)(a) and (b) and subsection (3).
Amendment of section 23
24. Section 23 of the principal Act is amended in the shoulder
note by inserting after the word address the words of Building
Draughtsmen.

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Amendment of section 24
25. Section 24 of the principal Act is amended

(a) in subsection (1), by substituting for the words Upon


the registration of a Building Draughtsman the following
restrictions shall apply the words A Building
Draughtsman shall be subject to the following restrictions:;
and

(b) by substituting for subsection (5) the following


subsection:

(5) Subject to paragraph (1)(b), the Building


Draughtsman shall be entitled to submit to the Building
Authority for approval of any plans of buildings not
exceeding two-storeys in height providing that the
total built-up floor area does not exceed three hundred
square metres in any one or series of project in the
same development by the same client..
Amendment of section 25
26. Section 25 of the principal Act is amended

(a) in subsection (2)

(i) in paragraph (b), by substituting for the words


twenty-five the words one hundred;

(ii) in paragraph (c), by substituting for the words


two years the words three years; and

(iii) by substituting for paragraph (bb) the following


paragraph:

(bb) if in his capacity as a Building Draughtsman,


he fails to disclose in writing to his
client that

(i) he is a sole proprietor of, partner


in, director of, member of,
substantial shareholder in or agent

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for, any contracting company,


manufacturing company, firm
or business; or

(ii) he has any financial interest in


that contracting, manufacturing
company, firm or business,

with which he deals on behalf of his


client;; and

(b) in subsection (3), by substituting for the words to (jj),


the words to (ee), paragraph (gg), (ii) or (jj),.

Amendment of section 26
27. Section 26 of the principal Act is amended

(a) in the shoulder note, by inserting after the word Register


the words of Building Draughtsmen; and

(b) by inserting after the word Register the words


of Building Draughtsmen.

Amendment of section 26a


28. Section 26a of the principal Act is amended

(a) in the shoulder note, by inserting after the word


Reinstatement the words into Register of Building
Draughtsmen; and

(b) by inserting after the word Register wherever appearing


the words of Building Draughtsmen.

Amendment of section 27
29. Section 27 of the principal Act is amended

(a) in the shoulder note, by inserting after the word Certificates


the words of Building Draughtsmen; and

(b) by inserting after the word Register the words


of Building Draughtsmen.

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Amendment of section 27a


30. Section 27a of the principal Act is amended by substituting
for paragraph (a) the following paragraph:

(a) be entitled to set up an interior design consultancy practice


to render interior design consultancy services;.

Amendment of section 27b


31. Section 27b of the principal Act is amended

(a) by inserting after the word Register the words


of Interior Designers; and

(b) by inserting after the words particulars of Interior


Designers the words , Graduate Interior Designers
and interior design consultancy practices.

Amendment of section 27c


32. Section 27c of the principal Act is amended

(a) in the shoulder note, by inserting after the word


Registration the words of Interior Designers, etc.;
and

(b) in subsection (1), by substituting for the words interior


designer the words Interior Designer, Graduate Interior
Designer and interior design consultancy practice.

Amendment of section 27d


33. The principal Act is amended by substituting for section 27d
the following section:
Qualifications for registration of Interior Designers, etc.
27d. (1) A person who holds the qualification recognized by
the Board shall be entitled on application to be registered
as a Graduate Interior Designer.

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(2) A person who is registered as a Graduate Interior


Designer under subsection (1) shall be required to obtain such
practical experience and to pass the examinations as may be
determined by the Board in order to be entitled to apply for
registration as an Interior Designer under subsection (3).
(3) A person who

(a) is a Graduate Interior Designer and has obtained the


practical experience and passed the examinations as
may be determined by the Board under subsection
(2); or

(b) is a Corporate Member of the Malaysian Institute of


Interior Designers or has obtained membership of
a professional institute or body which the Board
considers to be equivalent to the Malaysian Institute
of Interior Designers,

shall be entitled on application to be registered as an Interior


Designer.
(4) A person who is registered under subsection 10(2)
as an Architect and under section 7 a as an architectural
consultancy practice shall be entitled to be registered as an
interior design consultancy practice..
Amendment of section 27e
34. Section 27e of the principal Act is amended

(a) by substituting for subsection (1) the following


subsection:

(1) An Interior Designer shall not, unless registered


with the Board as a sole proprietorship, a partnership
or a body corporate and has been issued a certificate
of registration

(a) recover in any court any fee, charge, remuneration


or other form of consideration for interior
design consultancy services rendered as an
interior design consultancy practice; and

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(b) provide interior design consultancy services


for interior works involving any but
without prejudice to the generality of the
following:

(i) consultation, advice, direction,


evaluation, budgetary estimate and
appraisal;

(ii) schematic interior design plans,


design development and project
programming;

(iii) preparation of contract documents


including working drawings,
construction details and technical
specifications;

(iv) contract administration, supervision


and certification of payment and
progress of works; and

(v) any other activities relating to the


creation, preservation and enhancement
of the interior environment including
the following:

(a) any changes on the building


structure;

(b) any changes to an existing


building layout;

(c) building or statutory codes;


and

(d) health and safety issues.;

(b) in subparagraph (3)(c)(i), by deleting the words and/;


and

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(c) in subsection (5)

(i) in paragraph (bb), by substituting for the words


twenty-five the word fifty; and

(ii) in paragraph (cc), by substituting for the words


two years the words three years.

Amendment of section 27f


35. Section 27f of the principal Act is amended

(a) in the shoulder note, by inserting after the word address


the words of Interior Designers, etc.;

(b) by inserting after the words Interior Designer the


words , Graduate Interior Designer and interior design
consultancy practice; and

(c) by inserting after the word his the words or its.

Amendment of section 27g


36. Section 27g of the principal Act is amended

(a) in paragraph (1)(a), by inserting after the words Interior


Designer the words , Graduate Interior Designer;
and

(b) in subsection (2)

(i) in paragraph (b), by substituting for the words


twenty-five the word fifty;

(ii) in paragraph (c), by substituting for the words


two years the words three years; and

(iii) by inserting after the words Interior Designer


the words or Graduate Interior Designer.

Architects (Amendment)

29

Amendment of section 27h


37. Section 27h of the principal Act is amended

(a) in the shoulder note, by inserting after the word Register


the words of Interior Designers;

(b) by inserting after the word Register the words of


Interior Designers;

(c) in paragraph (a), by inserting after the words Interior


Designer the words or Graduate Interior Designer;

(d) in paragraph (b), by inserting after the words Interior


Designer the words , Graduate Interior Designer;

(e) in paragraph (c), by inserting after the words Interior


Designer the words or Graduate Interior Designer;
and

(f) in paragraph (d), by inserting after the words Interior


Designer the words , Graduate Interior Designer.

Amendment of section 27i


38. Section 27i of the principal Act is amended


(a) in the shoulder note, by inserting after the word


Reinstatement the words into Register of Interior
Designers;
(b) by inserting after the words Interior Designer wherever
appearing the words , Graduate Interior Designer or
interior design consultancy practice;

(c) by inserting after the words his and him wherever


appearing the words or its and or it respectively;

(d) by inserting after the word Register wherever appearing


the words of Interior Designers; and

(e) in subsection (2), by inserting after the word he the


words or it.

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Act A1480

Amendment of section 27j


39. Section 27j of the principal Act is amended

(a) in the shoulder note, by inserting after the word


Certificates the words of registration of Interior
Designers, etc.;

(b) by inserting after the words Interior Designer the


words , Graduate Interior Designer or interior design
consultancy practice;

(c) by inserting after the word Register the words


of Interior Designers; and

(d) by inserting after the word him wherever appearing the


words or it.

New Parts VB and VC


40. The principal Act is amended by inserting after section 27j
the following Parts:
Part VB
SPECIAL PROVISIONS RELATING TO INSPECTORs OF WORKS

Restrictions on unregistered Inspectors of Works


27 k . No person shall, unless he is an Inspector of
Works

(a) be employed as an Inspector of Works; or

(b) be entitled to describe himself or hold himself out


under any name, style or title

(i) bearing the words Inspector of Works or


equivalent in any other language; or

(ii) bearing any other word in any language which


may reasonably be construed to imply that
he is an Inspector of Works.

Architects (Amendment)

31

Register of Inspectors of Works


27l. For the purpose of this Part, there shall be a Register of
Inspectors of Works which shall contain the names, addresses
and other particulars of Inspectors of Works.
Registration of Inspectors of Works
27m. (1) Any Inspector of Works may apply for registration
under this Part.
(2) An application for registration shall be made to the
Board in such manner as may be determined by the Board
and accompanied by the prescribed fee.
(3) The Registrar shall, upon receipt of the prescribed fee,
issue to any person whose application has been approved
by the Board a certificate of registration in the prescribed
form expiring on the 31 December of the year in which it
is issued.
(4) The registration may, subject to this Act, be renewed
annually upon payment of the prescribed fee and upon
satisfying such conditions as may be determined by the
Board.
Qualifications for registration of Inspectors of Works
27n. (1) A person who holds the qualification recognized by
the Board shall be entitled on application to be registered
as an Inspector of Works.
(2) A person who is registered under subsection 10(2) as
an Architect shall be entitled to practise or carry on business
as an Inspector of Works.
Notification of change of address of Inspectors of Works
27o. An Inspector of Works shall notify the Registrar of
any change in his correspondence address.

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Act A1480

Cancellation of registration, etc., of Inspector of Works


27p. (1) The Board shall appoint

(a) not more than three members of the Board to


investigate into any misconduct or complaint made
against any Inspector of Works; and

(b) a Disciplinary Committee comprising not more than


five members of the Board, including a member of
the Board who is an Inspector of Works, not being
a person appointed under paragraph (a), to conduct
a hearing of any misconduct or complaint referred
to it by the member of the Board appointed under
paragraph (a).

(2) The Disciplinary Committee may order


(a) the issuance of a written reprimand to;

(b) the imposition of a fine not exceeding twenty-five


thousand ringgit on;

(c) the suspension of the registration for a period not


exceeding two years of; or

(d) the cancellation of the registration of,

the Inspector of Works.


(3) The Disciplinary Committee may make an order under
subsection (2) if the Inspector of Works

(a) is convicted of any offence involving fraud or


dishonesty or moral turpitude;

(b) acts as a contractor or trades in building materials


directly connected with his employment;

(c) i s r e g i s t e r e d u n d e r t h i s A c t b y f r a u d o r
misrepresentation;

(d) offers or accepts any commission which in the


opinion of the Disciplinary Committee is an illicit
commission;

Architects (Amendment)

33

(e) fails to observe any conditions or restrictions of his


registration;

(f) is found to be of unsound mind;

(g) is found to be incapable of performing his professional


duties effectively;

(h) becomes a bankrupt;

(i) is found guilty by the Disciplinary Committee of


any act or conduct which in the opinion of the
Disciplinary Committee is infamous or disgraceful;
or

(j) is found by the Disciplinary Committee to have


contravened or failed to comply with any of
the provisions of this Act or of any rules made
thereunder.

(4) The Disciplinary Committee shall not make any order


under subsection (2), based upon any of the circumstances
set out in paragraphs (3)(b) to (e), paragraph (g), paragraphs
(i) and (j), unless an opportunity of being heard either
personally or by counsel has been given to the Inspector of
Works against whom the Disciplinary Committee intends to
make the order.
(5) The member of the Board appointed under
paragraph (1)(a) may, for the purpose of an investigation of
an Inspector of Works

(a) require any person, including a sole proprietor,


partner, director, manager, secretary or employee,
in connection with his employment, to attend before
the member of the Board and give evidence on oath
or affirmation, and that member of the Board may
administer the oath; and

(b) require such person to produce any book, document


or paper relating to the subject matter of the
investigation which is in the custody of that person
or under his control.

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Act A1480

(6) Upon completion of his investigation, the member of


the Board appointed under paragraph (1)(a) shall submit
a report together with his recommendations, if any, to the
Disciplinary Committee for its consideration.
(7) Any Inspector of Works dissatisfied with an order of
the Disciplinary Committee under this section may, within
twenty-one days of being notified of such order, appeal to
the Minister whose decision shall be final.
Removal from Register of Inspectors of Works
27q. There shall be removed from the Register of Inspectors
of Works the name and other particulars of any Inspector
of Works

(a) who has died;

(b) who has failed to renew his registration within one


month of the expiry of the registration;

(c) whose registration has been cancelled under


section 34a or paragraph 27p(2)(d); or

(d) who has been registered by reason of any mistake


or error made by the Board in considering his
application for registration.

Reinstatement into Register of Inspectors of Works


27 r . (1) An Inspector of Works whose name has been
removed from the Register of Inspectors of Works pursuant
to an order of the Disciplinary Committee under subsection
27p(2) shall be reinstated if the appeal by the Inspector of
Works is allowed by the Minister under subsection 27p(7)
and the Registrar shall issue a certificate of registration to
the Inspector of Works.

Architects (Amendment)

35

(2) An Inspector of Works whose name has been removed


from the Register of Inspectors of Works for failure to renew
his registration shall be reinstated as soon as may be after
the Inspector of Works has notified the Registrar, within five
years of such removal, and upon

(a) payment of such fees as may be prescribed by the


Board; and

(b) satisfying such conditions as may be imposed by the


Board,

the Registrar shall issue a certificate of registration to the


Inspector of Works.
(3) An Inspector of Works whose name has been
removed from the Register of Inspectors of Works pursuant
to an order of the Disciplinary Committee under subsection
27 p (2) and who has not appealed against that order or
whose appeal has been dismissed may, after the expiration
of not less than two years from the date of the order or
from the date of the decision of the appeal, apply for
reinstatement.
(4) The Board upon

(a) receipt of satisfactory evidence of proper reasons


for the reinstatement of the Inspector of Works;

(b) receipt of reimbursement of all expenditure incurred


arising out of the proceedings leading to the
cancellation of the registration of the Inspector of
Works; and

(c) payment of the prescribed fee,

shall order the Registrar to issue a certificate of registration


to the Inspector of Works.

36

Laws of Malaysia

Act A1480

Certificates of registration of Inspectors of Works to be


returned
27s. An Inspector of Works whose name has been removed
from the Register of Inspectors of Works shall, within fourteen
days after notification of the removal to the Inspector of
Works by registered post, return to the Board the certificate
of registration issued to him.
Part VC
SPECIAL PROVISIONS RELATING TO ARCHITECTURAL
TECHNOLOGISTS

Restrictions on unregistered Architectural Technologists


27 t . No person shall, unless he is an Architectural
Technologist

(a) be employed as an Architectural Technologist; or

(b) be entitled to describe himself or hold himself out


under any name, style or title

(i) bearing the words Architectural Technologist


or equivalent in any other language; or

(ii) bearing any other word in any language which


may reasonably be construed to imply that
he is an Architectural Technologist.

Register of Architectural Technologists


27u. For the purpose of this Part, there shall be a Register
of Architectural Technologists which shall contain the
names, addresses and other particulars of Architectural
Technologists.
Registration of Architectural Technologists
27 v . (1) An Architectural Technologist may apply for
registration under this Part.

Architects (Amendment)

37

(2) An application for registration shall be made to the


Board in such manner as may be determined by the Board
and accompanied by the prescribed fee.
(3) The Registrar shall, upon receipt of the prescribed fee,
issue to any person whose application has been approved
by the Board a certificate of registration in the prescribed
form expiring on the 31 December of the year in which it
is issued.
(4) The registration may, subject to this Act, be renewed
annually upon payment of the prescribed fee and upon
satisfying such conditions as may be determined by the
Board.
Qualifications for registration of Architectural Technologists
27w. A person who holds the qualification recognized by
the Board shall be entitled on application to be registered
as an Architectural Technologist.
Notification of change of address of Architectural Technologists
27x. An Architectural Technologist shall notify the Registrar
of any change in his correspondence address.
Cancellation of registration, etc., of Architectural Technologist
27y. (1) The Board shall appoint

(a) not more than three members of the Board to


investigate into any misconduct or complaint made
against any Architectural Technologist; and

(b) a Disciplinary Committee comprising not more than


five members of the Board, including a member of
the Board who is an Architectural Technologist, not
being a person appointed under paragraph (a), to
conduct a hearing of any misconduct or complaint
referred to it by the member of the Board appointed
under paragraph (a).

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Laws of Malaysia

Act A1480

(2) The Disciplinary Committee may order


(a) the issuance of a written reprimand to;

(b) the imposition of a fine not exceeding twenty-five


thousand ringgit on;

(c) the suspension of the registration for a period not


exceeding two years of; or

(d) the cancellation of the registration of,

the Architectural Technologist.


(3) The Disciplinary Committee may make an order under
subsection (2) if the Architectural Technologist

(a) is convicted of any offence involving fraud or


dishonesty or moral turpitude;

(b) acts as a contractor or trades in building materials


directly connected with his employment;

(c) i s r e g i s t e r e d u n d e r t h i s A c t b y f r a u d o r
misrepresentation;

(d) offers or accepts any commission which in the


opinion of the Disciplinary Committee is an illicit
commission;

(e) fails to observe any conditions or restrictions of his


registration;

(f) is found to be of unsound mind;

(g) is found to be incapable of performing his professional


duties effectively;

(h) becomes a bankrupt;

(i) is found guilty by the Disciplinary Committee of


any act or conduct which in the opinion of the
Disciplinary Committee is infamous or disgraceful;
or

Architects (Amendment)

39

(j) is found by the Disciplinary Committee to have


contravened or failed to comply with any of
the provisions of this Act or of any rules made
thereunder.

(4) The Disciplinary Committee shall not make any order


under subsection (2), based upon any of the circumstances set
out in paragraphs (3)(b) to (e), paragraph (g), paragraphs (i)
and (j), unless an opportunity of being heard either personally
or by counsel has been given to the Architectural Technologist
against whom the Disciplinary Committee intends to make
the order.
(5) The member of the Board appointed under
paragraph (1)(a) may, for the purpose of an investigation of
an Architectural Technologist

(a) require any person, including a sole proprietor,


partner, director, manager, secretary or employee,
in connection with his employment, to attend before
the member of the Board and give evidence on oath
or affirmation, and that member of the Board may
administer the oath; and

(b) require such person to produce any book, document


or paper relating to the subject matter of the
investigation which is in the custody of that person
or under his control.

(6) Upon completion of his investigation, the member


of the Board appointed under paragraph (1)(a) shall submit
a report together with his recommendations, if any, to the
Disciplinary Committee for its consideration.
(7) Any Architectural Technologist dissatisfied with
an order of the Disciplinary Committee under this
section may, within twenty-one days of being notified of
such order, appeal to the Minister whose decision shall be
final.

40

Laws of Malaysia

Act A1480

Removal from Register of Architectural Technologists


27 z . There shall be removed from the Register of
Architectural Technologists the name and other particulars
of any Architectural Technologist

(a) who has died;

(b) who has failed to renew his registration within one


month of the expiry of the registration;

(c) whose registration has been cancelled under


section 34a or paragraph 27y(2)(d); or

(d) who has been registered by reason of any mistake


or error made by the Board in considering his
application for registration.

Reinstatement into Register of Architectural Technologists


27za. (1) An Architectural Technologist whose name has been
removed from the Register of Architectural Technologists
pursuant to an order of the Disciplinary Committee under
subsection 27y(2) shall be reinstated if the appeal by the
Architectural Technologist is allowed by the Minister under
subsection 27y(7) and the Registrar shall issue a certificate
of registration to the Architectural Technologist.
(2) An Architectural Technologist whose name has been
removed from the Register of Architectural Technologists for
failure to renew his registration shall be reinstated as soon as
may be after the Architectural Technologist has notified the
Registrar, within five years of such removal, and upon

(a) payment of such fees as may be prescribed by the


Board; and

(b) satisfying such conditions as may be imposed by the


Board,

the Registrar shall issue a certificate of registration to the


Architectural Technologist.

Architects (Amendment)

41

(3) An Architectural Technologist whose name has been


removed from the Register of Architectural Technologists
pursuant to an order of the Disciplinary Committee under
subsection 27y(2) and who has not appealed against that
order or whose appeal has been dismissed may, after the
expiration of not less than two years from the date of the
order or from the date of the decision of the appeal, apply
for reinstatement.
(4) The Board upon

(a) receipt of satisfactory evidence of proper reasons for the


reinstatement of the Architectural Technologist;

(b) receipt of reimbursement of all expenditure incurred


arising out of the proceedings leading to the
cancellation of the registration of the Architectural
Technologist; and

(c) payment of the prescribed fee,

shall order the Registrar to issue a certificate of registration


to the Architectural Technologist.
Certificates of registration of Architectural Technologists
to be returned
27zb. An Architectural Technologist whose name has been
removed from the Register of Architectural Technologists
shall, within fourteen days after notification of the removal
to the Architectural Technologist by registered post, return
to the Board the certificate of registration issued to him..
Amendment of section 28
41. Paragraph 28(1)(b) of the principal Act is amended by
inserting after the word Register the words of Architects,
Graduate Architects, foreign architects and architectural consultancy
practices or the Register of Interior Designers.

42

Laws of Malaysia

Act A1480

Amendment of section 33
42. Section 33 of the principal Act is amended

(a) by inserting after the word corporate the words , as


the case may be,;

(b) in paragraph (b), by substituting for the words any


Register kept and maintained under this Act the words
the Registers specified in paragraph 4(1)(a);

(c) in paragraph (e), by substituting for the words Building


Draughtsman or Interior Designer; the words foreign
architect, Building Draughtsman, Interior Designer,
Graduate Interior Designer, Inspector of Works or
Architectural Technologist;; and

(d) in paragraph (f), by substituting for the words Building


Draughtsman, Interior Designer, the words foreign
architect, Building Draughtsman, Interior Designer,
Graduate Interior Designer, Inspector of Works,
Architectural Technologist,.

Amendment of section 34a


43. Section 34a of the principal Act is amended

(a) by substituting for the words or 27g(3), the words


, 27g(3) or 27p(4),;

(b) in paragraph (d)

(i) by inserting after the words Interior Designer


the words or Graduate Interior Designer; and

(ii) by substituting for the word paragraph the word


subsection;

(c) by deleting the word or at the end of paragraph (d);

Architects (Amendment)

43

(d) in paragraph (e)

(i) by substituting for the word paragraph the word


subsection; and

(ii) by substituting for the comma appearing after the


words section 28 a semicolon; and

(e) by inserting after paragraph (e) the following


paragraphs:

(f) an Inspector of Works refuses or fails to comply


with an order of the Disciplinary Committee
made under subsection 27p(2) or decision of the
Minister made under subsection 27p(7); or

(g) an Architectural Technologist refuses or fails to


comply with an order of the Disciplinary Committee
made under subsection 27y(2) or decision of the
Minister made under subsection 27y(7),.

Amendment of section 34b


44. Paragraph 34 b (3)(c) of the principal Act is amended by
substituting for the words Building Draughtsman, Interior
Designer, the words foreign architect, Building Draughtsman,
Interior Designer, Graduate Interior Designer, Inspector of Works,
Architectural Technologist,.
Amendment of section 35b
45. Section 35b of the principal Act is amended

(a) in subsection (1)


(i) by substituting for the words Register of
a Professional Architect, Graduate Architect,
Building Draughtsman, Interior Designer,
architectural consultancy practice or interior
design consultancy practice the words Registers
specified in paragraph 4(1)(a); and

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Laws of Malaysia

Act A1480

(ii) by substituting for the words Building Draughtsman,


Interior Designer, the words foreign architect,
Building Draughtsman, Interior Designer, Graduate
Interior Designer, Inspector of Works, Architectural
Technologist,;
(b) in subsection (2)

(i) by substituting for the words Building Draughtsman,


Interior Designer, the words foreign architect,
Building Draughtsman, Interior Designer, Graduate
Interior Designer, Inspector of Works, Architectural
Technologist,; and

(ii) by substituting for the words Building Draughtsman,


Interior Designer, the words foreign architect,
Building Draughtsman, Interior Designer, Graduate
Interior Designer, Inspector of Works, Architectural
Technologist,; and

(c) in subsection (3), by inserting after the words Interior


Designer, the words Graduate Interior Designer,
Inspector of Works, Architectural Technologist,.

Saving and transitional


46. (1) All references to a Professional Architect in any written
law and any document shall, on the coming into operation of
this Act, be construed as references to an Architect as defined
in section 2 of the principal Act as amended in this Act.
(2) Any application for registration pending on the date of the
coming into operation of this Act shall be dealt with under the
principal Act as amended by this Act.
(3) Any decision made by the Disciplinary Committee or Board
under the principal Act shall continue to be in force as if the
principal Act had not been amended by this Act.
(4) Any investigations, proceedings, including disciplinary
proceedings, and matters relating to such investigations and
proceedings existing and pending under the principal Act shall
continue and be dealt with under the principal Act as if it had
not been amended by this Act.

Architects (Amendment)

45

(5) Any investigations, proceedings, including disciplinary


proceedings, and matters relating to such investigations and
proceedings which could have been commenced or instituted
under the principal Act before the coming into operation of this
Act shall be commenced, instituted and dealt with under the
principal Act as if it had not been amended by this Act.
(6) Any such rights, privileges, obligations, liability, penalty,
or punishment acquired, accrued or incurred under the principal
Act, may be continued, enforced, imposed and be dealt with, as
the case may be, as if the principal Act had not been amended
by this Act.

Hakcipta Pencetak

PERCETAKAN NASIONAL MALAYSIA BERHAD


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atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA